Union County Alimony Attorneys

Spousal support, often referred to as alimony, is one of the most contested issues in a divorce. It can become so heated that couples who may agree on all issues can find themselves litigating this one matter. Often, parties disagree on what the other deserves. Whether one or both parties worked, the dependent party may be entitled to some degree of support, depending on many factors. If you are facing divorce, you need a passionate and skillful legal team that can work to mitigate the effects on your life. At Ross & Calandrillo, we will work tirelessly to protect your interests and future. Our effective and compassionate legal team of alimony attorneys will zealously represent you in and out of court. If you need attentive and experienced legal services, our firm is here to help. To schedule an appointment, contact Ross & Calandrillo.

New Jersey Alimony Structures

In 2014, spousal support laws in New Jersey shifted slightly. Alimony was never supposed to be permanent. New Jersey amended state laws regarding alimony, changing permanent alimony to open durational alimony. The four categories of spousal support that can apply to a divorce include:

• Open durational alimony: As stated above, open durational alimony was a response to the need to adjust the terms of permanent alimony. No longer is alimony a lifetime obligation. If a couple has been married for over 20 years, open durational alimony provides support for the dependent party with no end date. This structure can be modified based on changing situations, including a shift in the financial needs and the earning potential of the parties involved.
• Limited duration alimony: When a couple’s relationship ends after a short time, a court may order support on a very limited basis until the dependent party can become independent once again.
• Rehabilitative alimony: This category is also a short-term obligation. It is saved for a dependent party that deferred goals in support of the other’s success. Often, rehabilitative alimony will help a dependent party pay for schooling or vocational training that would advance their earning potential.
• Reimbursement alimony: The last category is saved for a party that supported the other in the pursuit of education, advancing the financial status of the family. Reimbursement alimony functions to pay back what was spent on the other’s support.

Modifying Alimony in New Jersey

While an alimony award may feel final at the time of your divorce, New Jersey law recognizes that life rarely stays the same. Significant changes in circumstances may warrant a review, and, in some cases, a reduction, suspension, or even termination of support obligations. Under N.J.S.A. 2A:34-23, either party can apply to the court for a modification if they can demonstrate that a substantial and continuing change has occurred since the original order or agreement. Common scenarios that can lead to modification or termination include the following:

• Loss of employment or substantial income reduction: If the paying spouse loses a job or experiences a significant, involuntary decrease in earnings, the court may adjust alimony to reflect the new financial reality. The reduction must generally be beyond the payor’s control and not simply a matter of personal choice.
• Increase in the recipient’s income or financial independence: If the supported spouse secures higher-paying employment, inherits substantial assets, or otherwise becomes self-sufficient, ongoing support may be reduced or terminated.
• Retirement: Under the 2014 amendments to New Jersey’s alimony laws, reaching full retirement age (as defined by Social Security) creates a rebuttable presumption that alimony should end, unless the recipient can show good cause for continuation.
• Cohabitation: If the recipient spouse enters into a cohabiting relationship with a new partner, the court can suspend, reduce, or terminate alimony. The statute defines cohabitation broadly, focusing on intertwined finances, shared household duties, and a mutually supportive relationship akin to marriage.
• Changes in health: Serious illness or disability impacting either party’s ability to work or meet financial obligations can justify a modification.

It is important to understand that the burden of proof rests with the party seeking the change. This often requires thorough documentation of income, expenses, employment history, and the circumstances leading to the change. Courts will carefully analyze whether the change is both substantial and ongoing, as temporary fluctuations in finances are usually insufficient to justify altering an alimony order.

Whether you are seeking to adjust your obligation or protect the support you rely on, having experienced legal counsel is critical. At Ross & Calandrillo, our divorce attorneys have the knowledge and strategic skill to present a compelling case for or against an alimony modification in accordance with New Jersey law.

Contact Our Alimony Attorneys in Union County, NJ

When facing divorce, it is important to have the right legal team by your side. Alimony can easily be the most contested issue of a divorce. Whether you are a dependent party who needs support or the party who may be obliged to pay it, our firm is ready to help. Ross & Calandrillo is an experienced divorce law firm located in Union County. Our alimony attorneys are dedicated to the future of our clients. We will work tirelessly to help you come to the best conclusion possible. When you need effective legal services and passionate representation, contact Ross & Calandrillo to discuss your legal matter.